Determination - 22 March 2007

Remuneration of Commissioners of the Western Australian Industrial Relations Commission

Section 6(1)(e) of the Salaries and Allowances Act 1975

Section 6(1)(e) of the Salaries and Allowances Act 1975 (The Act) requires the Tribunal, at intervals of not more than twelve months, to enquire into and determine the remuneration to be paid to the Chief Commissioner, Senior Commissioner and Commissioners of the Western Australian Industrial Relations Commission (WAIRC) and members of the Anti-Corruption Commission.

BACKGROUND

The Tribunal’s last determination of the remuneration of the members of the WAIRC was issued on the 22nd of March 2006.

CURRENT ENQUIRY

As part of conducting its current enquiry, the Tribunal placed an advertisement in “The West Australian” newspaper on Friday, 22nd of December 2006 and on its official website calling for submissions from interested persons and organisations. It also wrote directly to the Chief Commissioner informing him of its current enquiry and inviting a submission.

The Tribunal received a submission from the WAIRC. No submissions were received in response to the newspaper advertisement.

SUBMISSION

Some of the main issues submitted to the Tribunal were:

Maintenance of previous practices in reviewing the remuneration of Commission members.

Consideration of economic and other relevant indices.

Consideration of interstate relativities.

CONSIDERATIONS

The Tribunal has sought details of the impact of the Commonwealth’s Work Choices legislation on the work of the WAIRC in this year’s enquiry. The information available to the Tribunal indicates that the impact is in a state of flux with the Commission losing some functions but acquiring new ones. More time will need to elapse before the impact can be determined accurately. The Tribunal will continue to monitor this matter.

In its deliberations on the Commissioners’ remuneration rates, the Tribunal has given consideration to the issues raised in the submission and to a range of economic and other indices. These have included the latest relevant data issued by the Australian Bureau of Statistics, such as the December 2006 Quarter Consumer Price Index and the December 2006 Quarter Labour Price Index.It also has considered the Western Australian Wage Cost Index and Consumer Price Index and the Government’s current Wages Policy.The Tribunal has also been mindful of increases received by other officeholders under its jurisdiction over the past twelve months.

DETERMINATION

The Tribunal has considered all of the information available to it in formulating this determination on the remuneration of the Commissioners of the WAIRC.

The Tribunal, accordingly, pursuant to section 6(1)(e) of the Salaries and Allowances Act 1975, determines the Commissioners of the Western Australian Industrial Relations Commission will receive an increase of: 4.4 percent in remuneration with effect from the 1st of May 2007 as set out in the attached Schedule.

The determination will now issue.

Signed at Perth this 22nd day of March 2007.

Professor M C Wood

J A S Mews

M L Nadebaum

CHAIRMAN

MEMBER

MEMBER

SALARIES AND ALLOWANCES TRIBUNAL

SCHEDULE

Determination made on the Remuneration of Commissioners of the Western Australian Industrial Relations Commission

1. Remuneration

1.1 Chief Commissioner $271,334 per annum.

1.2 Senior Commissioner $257,767 per annum.

1.3 Commissioner $244,201 per annum.

2. Motor Vehicles

The following arrangements apply to the entitlement of each Commissioner to the provision of a fully maintained motor vehicle for business and private use.

2.1 The Chief Commissioner is entitled to the provision of a prestige vehicle, selected from the Government's Common Use Contract no. 012A1994, Items 1008 (Prestige Class) and 1009 (Restricted Prestige Class), as amended from time to time.

2.2 The Senior Commissioner and Commissioners are entitled to the provision of a prestige vehicle selected from Item 1008 (Prestige Class), as amended from time to time.

2.3 Vehicles with supercharged, turbo or V8 engines are not included.

2.4 The Chief Commissioner, Senior Commissioner and Commissioners may choose any vehicle and accessories in the Common Use Contract the total cost of which does not exceed the maximum cost of accessing a vehicle to which an entitlement exists in the relevant Prestige Class.

The total cost will be based on individual usage patterns. Each lease should be tailored to achieve the most cost-effective arrangement, but with the maximum lease term being two years, and include any standard accessories (including a tow bar or, for those entitled to a prestige vehicle selected from Item 1009, also a sunroof).

Where the total cost of the chosen vehicle and accessories exceeds the maximum cost of accessing a vehicle to which an entitlement exists in the relevant Prestige Class, the additional cost must be borne by the individual. This includes the purchase cost of accessories, the installation cost and removal costs if required before disposal of the vehicle.

2.5 The Chief Commissioner must approve the selection of the vehicle for the Senior Commissioner and Commissioners.

2.6 The Chief Commissioner must approve that the provision of a 4-wheel drive vehicle is clearly substantiated by demonstrated operational need.

2.7 All vehicles (being part of the Government-owned State Fleet) should be managed in accordance with the policies and conditions established and amended from time to time by the Department of Treasury and Finance (the effective owner of the State Fleet). Applicable terms and conditions are currently set out in the document, "State Fleet - Agency General Agreement".

2.8 Selection of appropriate vehicles should be subject to consultation between the Chief Commissioner and the Department of the Registrar of the Western Australian Industrial Relations Commission (as the department administratively supporting the Commission and therefore the "Agency" responsible for managing the leasing arrangements for vehicles provided to Commissioners of the WAIRC).

Although the cost of the vehicles is centrally funded, as a consequence of the vehicle being an emolument recommended under the Salaries and Allowances Act 1975, it remains an administrative responsibility of the Department of the Registrar of the Western Australian Industrial Relations Commission to manage.

Signed at Perth this 22nd day of March 2007.

Professor M C Wood

J A S Mews

M L Nadebaum

CHAIRMAN

MEMBER

MEMBER

SALARIES AND ALLOWANCES TRIBUNAL

Acknowledgement of Country

The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.